Uganda online Law Library

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1 THE KAMPALA CAPITAL CITY ACT, 2010 ARRANGEMENT OF SECTIONS Section 1. Commencement. 2. Interpretation. PART I PRELIMINARY. PART II DECLARATION AND BOUNDARIES OF KAMPALA AS CAPITAL CITY AND DELINEATION OF ITS BOUNDARY 3. Declaration of Kampala as Capital City. 4. Boundary of Capital City. PART III GOVERNANCE OF KAMPALA CAPITAL CITY 5. Kampala Capital City Authority. 6. Composition of Authority. 7. Functions of Authority. 8. Legislative powers of Authority. 9. Lord Mayor. 10. Qualifications of Lord Mayor and Deputy Lord Mayor. 11. Functions of Lord Mayor. 12. Vacation of office of Lord Mayor or Deputy Lord Mayor. 13. Election of councillors. 14. Removal of councillors. 15. Meetings of the Authority. 16. Standing committees of the Authority. 17. Executive director. 18. Removal of executive director. 19. Functions of executive director. 20. Lower urban councils of the Authority. PART IV METROPOLITAN PHYSICAL PLANNING AUTHORITY 21. Metropolitan Physical Planning Authority. 22. Functions of the Metropolitan Physical Planning Authority. PART V DIRECTORATES AND STAFF OF THE AUTHORITY 23. Deputy executive director 24. Directorates. 25. Provisions governing staff of the Authority. 26. Metropolitan police. PART VI LOWER URBAN COUNCILS Division Urban Councils 27. Composition of division urban councils. 28. Mayor and deputy mayor. 29. Functions of mayor 30. Management of division urban councils. 31. Division town clerk. 32. Removal of mayor or deputy mayor of division. 33. Legislative powers of division urban council. 34. Powers of Authority over division urban councils. 35. Functions which may be devolved to division urban councils. 36. Departments of division urban councils. 37. Technical assistance to division urban councils. Ward Councils 1

2 38. Composition of ward urban councils. 39. Management of ward division urban councils. Village Urban Councils and Street Committees 40. Composition of village urban council. 41. Composition of street committee. 42. Performance of functions in absence of chairperson and vice chairperson 43. Service on part time basis 44. Functions which may be devolved to village urban councils and street committees. 45. Meetings of lower urban councils Meetings of Lower Urban Councils PART VII PLANNING FUNCTIONS OF KAMPALA CAPITAL CITY 46. Capital City planning. 47. Capital City technical planning committee. 48. Planning units. PART VIII FINANCIAL PROVISIONS 49. Authority budgetary powers and procedure. 50. Power to levy taxes. 51. Financial year. 52. Appropriation of funds. 53. Grants to Authority. 54. Borrowing powers and acceptance of grants. 55. Consultation with other specialized agencies of government. Accounts and Audit 56. Accounts. 57. Audit of accounts. 58. Capital City public accounts committee. 59. Removal of member of Capital City public accounts committee. 60. Internal audit. Kampala Capital City Procurement and disposals 61. Capital City contracts committee. 62. Functions of Capital City contracts committee. 63. Procurement and disposal unit. 64. Regulation of procurement and disposing entities of the Authority. 65. Certain officers not to qualify to be members of contracts committee. 66. Reports of contracts committee. 67. Delegation of powers of contracts committee. 68. Sanctions under procurement and disposal Regulations. 69. Use of contracts committee other than the Capital City contracts committee. 70. Accountability and public procurement and disposal. PART IX RESIDENT CITY COMMISSIONER 71. Resident City Commissioner. 72. Functions of the Resident City Commissioner. 73. Staff of office of Resident City Commissioner. 74. Removal of Resident City Commissioner. PART X GENERAL 75. Member of Parliament or Minister not to hold office of Lord Mayor, Deputy Lord Mayor or councillors in the Capital City. 76. Tenure of office of Lord Mayor, Deputy Lord Mayor and councillors of Authority, mayor and deputy mayor and Chairperson and councilors of lower urban councils and members of the street committees. 77. Remuneration of members of the Authority or committees. 2

3 PART XI MISCELLANEOUS 78. Application of other enactments. 79. Powers of Minister. 80. Accountability for public funds. 81. Protection against court action. 82. Regulations. 83. Amendment of Schedules. 84. Presidential, parliamentary and local government elections. 85. Transitional provisions. SCHEDULES First Schedule -Currency point. Second Schedule -Boundaries of Kampala Capital city. Third Schedule -Part A - Functions and services for which Kampala Capital City Authority is responsible Part B - Functions and services to be devolved by the Authority to division urban councils. Part C - Functions and services to be devolved by the Authority to village and urban councils and street committees. Fourth Schedule -Meetings of the Authority. Fifth Schedule -Part A - Directorates of Authority. Part B -Departments under division urban councils Sixth Schedule -Unconditional Grant 3

4 THE KAMPALA CAPITAL CITY ACT, 2010 An Act to provide, in accordance with article 5 of the Constitution, for Kampala as the capital city of Uganda; to provide for the administration of Kampala by the Central Government; to provide for the territorial boundary of Kampala; to provide for the development of Kampala Capital City; to establish the Kampala Capital City Authority as the governing body of the city; to provide for the composition and election of members of the Authority; to provide for the removal of members from the Authority; to provide for the functions and powers of the Authority; to provide for the election and removal of the Lord Mayor and the Deputy Lord Mayor; to provide for the appointment, powers and functions of an executive director and deputy executive director of the Authority; to provide for lower urban councils under the Authority; to provide for the devolution by the Authority of functions and services; to provide for a Metropolitan Physical Planning Authority for Kampala and the adjacent districts; to provide for the power of the Minister to veto decisions of the Authority in certain circumstances and for related matters. DATE OF ASSENT: 28th December, 2010 Date of Commencement: See Section 1. BE IT ENACTED by Parliament as follows: PART I PRELIMINARY 1. Commencement This Act shall come into force on a date appointed by the Minister by statutory instrument; and the Minister may appoint different dates for the commencement of different provisions. 2. Interpretation In this Act, unless the context otherwise requires Authority means the Kampala Capital City Authority established by section 5; Capital City means Kampala Capital City; councilor means a member of the Authority, a division urban council, ward urban council or a village urban council; currency point has the meaning assigned to it in the First Schedule; Lord Mayor means the Lord Mayor of Kampala Capital City; lower urban council means a division urban council, a ward urban council, a village urban council and a street committee within the Capital City; mayor means the Chairperson of a division urban council; Metropolitan area means the area of jurisdiction of the Authority together with the neighbouring districts of Mpigi, Wakiso including Mengo Municipality and Mukono; Metropolitan Authority means the Metropolitan Physical Planning Authority established by section 20; Minister means the Minister responsible for the Capital City. 4

5 PART II DECLARATION OF KAMPALA AS CAPITAL CITY AND DELINEATION OF ITS BOUNDARY 3. Declaration of Kampala as capital city (1) In accordance with article 5 of the Constitution, Kampala, located in Buganda, is declared the capital city of Uganda. (2) The Capital City shall, in accordance with article 5 of the Constitution be administered by the central government. 4. Boundary of Capital City (1) The territorial boundary of the Capital City shall be as delineated in the Second Schedule to this Act. (2) Upon the commencement of this Act, any entity that immediately before the commencement of this Act existed as a local government in the area delineated under subsection (1) shall cease to be a local government. (3) The Minister may, in consultation with the Authority and with the approval of Cabinet, establish divisions within the Capital City and alter the boundaries of those divisions. (4) The Minister may, in consultation with the Authority, establish within the Capital City, ward urban councils and village urban councils and may alter the boundaries of those councils. PART III GOVERNANCE OF KAMPALA CAPITAL CITY 5. Kampala Capital City Authority (1) There shall be an Authority to be known as Kampala Capital City Authority. (2) The Authority shall be a body corporate with perpetual succession and may sue and be sued in its corporate name and do, enjoy or suffer anything that may be done, enjoyed or suffered by a body corporate. (3) The Authority is the governing body of the Capital City and shall administer the Capital City on behalf of the central government subject to this Act. (4) Any enactment that applies to a district shall, subject to this Act and with the necessary modifications, apply to the Authority. 6. Composition of Authority (1) The Authority shall consist of the following members (a) the Lord Mayor; (b) the Deputy Lord Mayor; (c) one councillor directly elected by secret ballot to represent each electoral area in the Capital City on the basis of universal adult suffrage; (d) two councillors representing the youth, one of whom shall be female; (e) two councillors with disability representing persons with disabilities, one of whom shall be female; (f) women councillors forming one third of the Authority such that the councillors elected under paragraphs (c), (d) and (e) shall form two thirds of the Authority; (g) one councillor representing each of the following professional bodies 5

6 (i) Uganda Institution of Professional Engineers; (ii) Uganda Society of Architects; (iii) Uganda Medical Association; (iv) Uganda Law Society. (2) A person is not qualified to be a councillor unless he or she is a citizen of Uganda. 7. Functions of Authority (1) The functions of the Authority are (a) to initiate and formulate policy; (b) to set service delivery standards; (c) to determine taxation levels; (d) to monitor the general administration and provision of services in the divisions; (e) to enact legislation for the proper management of the Capital City; (f) to promote economic development in the Capital City; (g) to construct and maintain roads; (h) to construct and maintain major drains; (i) to install and maintain street lights; (j) to organize and manage traffic; (k) to carry out physical planning and development control; (l) to monitor the delivery of services within its area of jurisdiction; (m) to assist in the maintenance of law, order and security; (n) to draw the attention of the divisions to any matter that attracts the concern or interest of the Authority; (o) to mobilise the residents of the Capital City to undertake income generating activities and self-help community projects; (p) to assist the City division in mobilising the residents to pay local taxes; (q) to register the residents in their area of jurisdiction; (r) to register births and deaths in their area of jurisdiction; and (s) to perform any other function given to the Authority by the central government. (2) Notwithstanding anything in this Act the Authority shall in addition perform the functions and services prescribed in Parts A, B and C of the Third Schedule. (3) The Ministries responsible for health and environment shall oversee the public health and environment matters respectively in the Capital City. (4) The Ministry responsible for the administration of the Capital City shall supervise, guide, inspect, monitor and coordinate the governance activities of the Capital City in order to ensure compliance with this Act and any other law. 8. Legislative powers of Authority (1) The Authority shall have power to make ordinances of the Authority not inconsistent with the Constitution or any other law made by Parliament. 6

7 (2) The power of the Authority to make ordinances shall be exercised by the passing of local bills into ordinances by the Authority and signed by the Lord Mayor. (3) A local bill passed by the Authority shall, before it is signed by the Lord Mayor, be forwarded to the Attorney General through the Minister to certify that the local bill is not inconsistent with the Constitution or any other law enacted by Parliament. (4) Where the Minister on the advice of the Attorney General is of the opinion that a bill for an ordinance contravenes or derogates from the Constitution or other law made by Parliament, he or she shall, within ninety days after receipt of the bill, return the bill with his or her comments to the Authority for modification or other appropriate action. (5) A bill enacted by the Authority and signed by the Lord Mayor under this section shall be an ordinance of the Authority and shall be published in the Gazette and in the local media. (6) Every member of the Authority has a right to introduce a bill for an ordinance in the Authority. 9. Lord Mayor (1) There shall be a Lord Mayor and a Deputy Lord Mayor of the Capital City. (2) The Lord Mayor shall be elected by universal adult suffrage through a secret ballot at an election organized by the Electoral Commission. (3) The Deputy Lord Mayor shall be appointed from among the members of the Authority by the Lord Mayor with the approval of the Authority. (4) The Lord Mayor and Deputy Lord Mayor shall serve on a full time basis. 10. Qualifications of Lord Mayor and Deputy Lord Mayor A person is not qualified to be elected as Lord Mayor or Deputy Lord Mayor unless he or she is qualified to be elected a member of Parliament. 11. Functions of Lord Mayor (1) The functions of the Lord Mayor are to (a) be the political head of the Capital City; (b) preside over all meetings of the Authority; (c) perform ceremonial functions and civic functions; (d) host foreign and local dignitaries; (e) head the Authority in developing strategies and programmes for the development of the Capital City; (f) monitor the administration of the Capital City; (g) provide guidance to the division administrations; and (h) represent the Capital City on the Metropolitan Authority. (2) The Lord Mayor shall in the performance of his or her functions, be answerable to the Authority and the Minister. (3) The Deputy Lord Mayor shall assist the Lord Mayor in the performance of his or her functions and shall otherwise deputise for the Lord Mayor in his or her absence. 12. Vacation of office of Lord Mayor or Deputy Lord Mayor (1) The Lord Mayor and Deputy Lord Mayor may be removed from office by the Authority by resolution supported by not less than two thirds majority of all the members of the Authority on any of the following grounds 7

8 (a) abuse of office; (b) incompetence; (c) misconduct or misbehavior; (d) physical and mental incapacity rendering him or her incapable of performing the duties of Lord Mayor or Deputy Lord Mayor; (e) failure to convene two consecutive meetings of the Authority without reasonable cause; or (f) corruption. (2) Notwithstanding subsection (1), the seat of the Lord Mayor or Deputy Lord Mayor shall fall vacant if (a) the holder resigns in writing addressed to the Minister; (b) the holder commits a breach of the Leadership Code of Conduct and the punishment imposed includes the vacation of office; (c) the holder accepts appointment to a public office; (d) the holder is sentenced to death or to imprisonment exceeding six months without the option of a fine; (e) the holder is convicted of an offence involving dishonesty or moral turpitude; or (f) circumstances arise which disqualify the holder from occupying the office under any other law. (3) For the purposes of removing the Lord Mayor or Deputy Lord Mayor under subsection (1) other than under subsection (1)(d), a petition in writing signed by not less than one third of all the members of the Authority shall be submitted to the Minister (a) stating that the members intend to pass a resolution of the Authority to remove the Lord Mayor or Deputy Lord Mayor on any of the grounds set out in subsection (1); (b) setting out the particulars of the charge supported by the necessary documents, where applicable, on which it is claimed that the conduct of the Lord Mayor or Deputy Lord Mayor be investigated for the purposes of his or her removal. (4) For the avoidance of doubt, where a petition has been submitted to the Minister under subsection (3), a person shall not withdraw his or her signature supporting the petition. (5) The Minister shall evaluate the petition in consultation with the Attorney General and if satisfied that there are sufficient grounds for doing so, shall, within twenty-one days after receipt of the petition, constitute a tribunal consisting of a Judge of the High Court or a person qualified to be appointed a Judge of the High Court, as chairperson and two other persons all of whom shall be appointed by the Minister in consultation with the Chief Justice, to investigate the allegations. (6) A person shall not be eligible for appointment as member of the tribunal unless that person (a) is of high moral character and proven integrity; and (b) possesses considerable experience and demonstrated competence and is of high calibre in the conduct of public affairs. (7) The Lord Mayor or Deputy Lord Mayor is entitled to appear at the proceedings of the tribunal and to be represented by a lawyer or other expert or person of his or her 8

9 choice. (8) If the tribunal determines that there is a prima facie case for the removal of the Lord Mayor or Deputy Lord Mayor under subsection (1) other than subsection (1) (d), then if the Authority passes the resolution supported by the votes of not less than two-thirds of all members of the Authority, the Lord Mayor or Deputy Lord Mayor shall cease to hold office. (9) For the purposes of the removal of the Lord Mayor or Deputy Lord Mayor on grounds of physical or mental incapacity under subsection (1)(d), there shall be submitted to the Minister, a petition in writing signed by not less than one-third of all the members of the Authority (a) stating that they intend to pass a resolution of the Authority for the removal of the Lord Mayor or Deputy Lord Mayor from office on grounds of physical or mental incapacity; and (b) giving particulars of the alleged incapacity. (10) The Minister shall, within seven days after receipt of a petition under subsection (9), cause a copy to be transmitted to the Lord Mayor or Deputy Lord Mayor and the Chief Justice. (11) The Chief Justice shall, within seven days after receipt of the notice transmitted under subsection (10) and in consultation with the Medical Council, constitute a medical board comprising three qualified medical specialists to examine the Lord Mayor or Deputy Lord Mayor in respect of the alleged incapacity and to report its findings to the Minister. (12) Upon the constitution of the medical board under subsection (11), the Chief Justice shall, within seven days, inform the relevant Lord Mayor or Deputy Lord Mayor accordingly. (13) The medical board shall examine the Lord Mayor or Deputy Lord Mayor within fourteen days after the Chief Justice has informed the relevant Lord Mayor or Deputy Lord Mayor of the constitution of the medical board. (14) The Lord Mayor or Deputy Lord Mayor shall submit himself or herself to the medical board for examination on a day and time determined by the medical board. (15) If the medical board determines that the relevant Lord Mayor or Deputy Lord Mayor is, by reason of physical or mental incapacity unable to perform the functions of the office of Lord Mayor or Deputy Lord Mayor and the Authority passes the resolution for his or her removal supported by the votes of not less than two-thirds of all the members of the Authority, the Lord Mayor or Deputy Lord Mayor shall cease to hold office. (16) If the medical board, after the expiration of the period of fourteen days referred to in subsection (13), reports that the relevant Lord Mayor or Deputy Lord Mayor has failed or refused to submit himself or herself to the medical board and the Authority passes the resolution for his or her removal supported by the votes of not less than twothirds of all the members of the Authority, the Lord Mayor or Deputy Lord Mayor shall cease to hold office. (17) The Minister shall convene the Authority within fourteen days after the receipt of the report of the tribunal or medical board. (18) The motion for a resolution for the removal of the Lord Mayor or Deputy Lord Mayor shall be moved in the Authority within fourteen days after the receipt by the Minister of the report of the tribunal or the medical board, failure of which shall render the resolution time barred. 9

10 (19) The Lord Mayor or Deputy Lord Mayor is entitled to appear in person and be heard during the proceedings of the Authority relating to the motion for a resolution under this section or to appear by an advocate or other expert of his or her choice. (20) A person who is removed as Lord Mayor or Deputy Lord Mayor may appeal to the High Court within twenty one days after the decision is communicated to him or her and the High Court may confirm or revoke the decision to remove him or her and make any order that the court considers just in the matter. (21) The expenses of the tribunal and the medical board shall be met by the Authority. 13. Election of councillors (1) The Electoral Commission shall demarcate the electoral areas for the election of councillors to be directly elected under section 6(1) (c) and (f). (2) The Local Governments Act shall, with the necessary modifications, apply to the election of councillors under this Act. (3) The election of the representatives of professional bodies in section 6 (1) (g) shall be in accordance with regulations made by the Minister in consultation with the Electoral Commission. 14. Removal of councillors The procudure for removal a councillor in the Local Government Act shall apply to the removal of councillor under the Kampala City Council Authority. 15. Meetings of the Authority The Fourth Schedule has effect in relation to meetings of the Authority and other matters provided for in that Schedule. 16. Standing committees of the Authority (1) The Authority shall appoint standing committees not exceeding the number of directorates of the Authority and other committees necessary for the efficient discharge of its functions. (2) A committee appointed under subsection (1) shall consist of a chairperson and such other members of the Authority as the Authority may determine. (3) The functions of a standing committee are (a) to oversee the performance of directorates; (b) to receive and approve quarterly and annual work plans of directorates; (c) to make reports to the Authority on a quarterly and annual basis on the performance of the directorates; (d) to review bills for ordinances within their respective areas of competence; (e) to report to the council on their functions; (f) to receive, scrutinise and recommend to the Authority proposals for the budget of the departments of the Authority. (4) In the exercise of its functions under this section, a standing committee may co-opt any member of the Authority or any qualified person to assist it in the discharge of its functions. (5) Members of a committee appointed under this section may be paid such allowances 10

11 as the Authority may, with the approval of the Minister, determine. (6) Councillors shall, for the purposes of subsections (1) and (2) be elected to a standing committee and the election shall be by resolution supported by a simple majority of councillors. (7) The Authority may, in the manner prescribed under subsection (6) change the membership of a standing committee. (8) A member of a standing committee shall hold office for one year and is eligible for reelection. 17. Executive director (1) There shall be an executive director who shall be the chief executive of the Authority. (2) The executive director shall be appointed by the President on the advice of the Public Service Commission. (3) A person shall qualify to be appointed executive director if he or she is of high moral character and proven integrity, and is qualified to be appointed a Permanent Secretary in a Goverment Ministry. 18. Removal of executive director The executive director may be removed by the President, acting on the advice of the Public Service Commission for (a) inability to perform the functions of his or her office arising from infirmity of body or mind; (b) misbehavior or misconduct; (c) incompetence; (d) corruption; or (e) the holder commits a breach of the Leadership Code of Conduct for which the punishment imposed includes the vacation of office. 19. Functions of executive director The functions of the executive director shall include the following (a) to be the head of the public service in the Authority and to head the administration of the Authority, including divisions and wards; (b) to be the accounting officer of the Authority; (c) to be responsible for the management of all public funds of the Authority and accountable to Parliament; (d) be responsible for coordination and implementation of national and council policies, laws, regulations, byelaws, programmes and projects; (e) advise the mayor and Authority on Government policy; (f) present the annual budget to the Authority; (g) advise the Authority on technical, administrative and legal matters pertaining to the management of the Authority; (h) implement lawful decisions taken by the Authority; (i) oversee the delivery of quality services to the population within the Capital City and 11

12 take remedial action where service delivery standards are below the expected minimum standards; (j) ensure proper physical planning and development control in the urban councils; (k) monitor and coordinate the activities of the directorates of the Authority and of the lower Authority; (l) be the custodian of all the assets and records of the Authority; (m) attend meetings of the metropolitan Authority; (n) supervise and evaluate staff performance; (o) liaise with the central Government and other institutions on behalf of the Authority; (p) conduct the public relations of the Authority; (q) promote trade order; (r) mobilise the urban community for development and sustainability of infrastructure and services; (s) be responsible for the enforcement of ordinances and byelaws made by the Authority and its lower council units; (t) be responsible to the Authority, subject to the general directions of the Minister; (u) on day-to-day operations, be responsible to the Authority; and (v) make reports to the council and the Minister on the state of affairs of the Capital City at least once a year or as the Minister or the Authority may determine; (w) to perform any other duties assigned by the Authority or the Minister. 20. Lower urban councils of the Authority (1) The Capital City shall have the following lower urban councils under the Authority (a) division urban councils; (b) ward urban councils; and (c) village urban councils. (2) There shall also exist under the Authority, street committees. PART IV METROPOLITAN PHYSICAL PLANNING AUTHORITY 21. Metropolitan Physical Planning Authority (1) There shall be a body to be known as the Metropolitan Physical Planning Authority. (2) The Metropolitan Authority shall consist of a chairperson and four other persons all of whom shall be appointed by the Minister with the approval of Cabinet, being persons qualified and experienced in physical planning, civil engineering, architecture, environment, public health or survey. (3) The members of the Metropolitan Authority shall hold office for five years and shall be eligible for re-appointment for one more term. (4) A member of the Metropolitan Authority may be removed in the public interest by the Minister on any of the following grounds (a) inability to perform the functions of his or her office arising from infirmity of body or mind; 12

13 (b) misbehavior or misconduct; (c) incompetence; or (d) corruption. 22. Functions of the Metropolitan Physical Planning Authority (1) The Metropolitan Authority shall be responsible for (a) developing Physical Development Plan for the Capital City and the metropolitan area; (b) handling and addressing planning issues within the Capital City and the neighbouring districts of Mukono, Mpigi and Wakiso; (c) planning major transportation, infrastructure and other utilities in conjunction with other relevant bodies; (d) planning recreation parks, tree planting, green corridors and other environment areas; (e) overseeing and monitoring the execution of the Metropolitan Authority Development Plan; (f) approving the Capital City, municipal and town structure plans; and (g) beautification of the Capital City and the metropolitan area. (2) The Metropolitan Authority shall have power to veto physical plans or activities that are inconsistent with the Metropolitan Authority Development Plan, the metropolitan structural plan or land use policy. (3) The Metropolitan Authority shall ensure that land use in the City and the metropolitan area follow designated plans, irrespective of the tenure of land. (4) The Metropolitan Authority shall prepare comprehensive and integrated development plans incorporating the plans of the lower urban councils. (5) The central Government shall be responsible for the construction and maintenance of (a) all roads and streetlights in the Capital City; (b) trunk and gateway roads; (c) subways; (d) flyovers; (e) cycle ways and walkways; (f) drainage; (g) transport ways; and (h) rails. (6) Where land is required by the Authority for public use or public health including expansion of roads, constructing new roads, water and sewerage systems and demolishing buildings to construct new structures, compensation shall be made by the central government in accordance with article 26 of the Constitution and the Land Acquisition Act. (7) The Metropolitan Authority shall submit quarterly reports and annual reports to the Minister, with a copy to the Minister responsible for physical planning. (8) The Minister shall lay before Parliament, the annual reports submitted to him or her under subsection (7). 13

14 PART V DIRECTORATES AND STAFF OF AUTHORITY 23. Deputy executive director (1) There shall be a deputy executive director of the Authority who shall be appointed by the President on the advice of the Public Service Commission. (2) A person appointed to be deputy executive director must be of high moral character and proven integrity and must be qualified to be appointed a Permanent Secretary in a Government Ministry. (3) The deputy executive director may be removed by the President in the circumstances specified in section 18 in respect of the executive director. 24. Directorates For the effective operation of the Authority, the Authority shall have the directorates described in Part A of the Fifth Schedule to this Act. 25. Provisions governing staff of the Authority (1) The President may, acting in accordance with the advice of the Public Service Commission, the Health Service Commission or the Education Service Commission, as the case may be, appoint persons to hold or act in any office in the service of the Capital City of the rank of head of department or above in positions similar or equivalent to positions in the public service, the health service or the education service, including confirmation of the appointments, disciplinary control over such persons, and their removal from office. (2) The Public Service Commission, the Health Service Commission or the Education Service Commission as the case may be, may appoint persons to hold or act in service of the Capital City other than those referred in subsection (1), in positions similar or equivalent to positions in the public service, the health service or the education service, including the confirmation of their appointment, disciplinary control over such persons and their removal from office. (3) For the avoidance of doubt, teachers shall be taken, for the purposes of this section, as belonging to the education service. (4) The terms and conditions of persons in the service of the Authority shall be prescribed by the Ministry responsible for the public service. (5) Any enactment applicable to members of the public service or education service or health service of the central government shall, with necessary modifications apply to the relevant persons in the service of the Authority as described in subsections (1) and (2). 26. Metropolitan police (1) There shall be a Metropolitan Police Force for the Capital City. (2) The Metropolitan Police Force shall comprise persons appointed under the Police Act and trained by the Uganda Police Force. (3) The Minister may by statutory instrument, on the recommendation of the Police Authority make regulations for regulating the Metropolitan Police Force. PART VI LOWER URBAN COUNCILS Division Urban Councils 27. Composition of division urban councils A division urban council shall be composed of the following members (a) a chairperson of the council who shall be titled mayor ; 14

15 (b) a deputy mayor of the division urban council; (c) one councillor directly elected to represent an electoral area of the City division urban council; (d) two councillors representing the youth, one of whom shall be female; (e) two councillors with disabilities representing persons with disability one of whom shall be female; (f) women councillors forming one third of the council such that the councillors elected under paragraphs (c), (d) and (e) shall form two thirds of the council. 28. mayor and deputy mayor (1) The mayor shall be elected by universal adult suffrage through secret ballot at an election organized by the Electoral Commission. (2) The deputy mayor shall be appointed by the mayor from a mong the division councillors with the approval of the division urban council. (3) A mayor and a deputy mayor shall serve on full time basis. (4) The office of mayor or deputy mayor of a division urban council shall fall vacant if the holder resigns from office or accepts appointment to a public office or dies. (5) A mayor or deputy mayor of a division urban council may be removed from office by two thirds majority of the urban council. (6) A returning officer appointed by the Electoral Commission shall preside at a meeting of the division urban council to remove a mayor or a deputy mayor of the urban council. (7) Subsection (1) to (20) of section 12 shall apply to the removal of the mayor or deputy mayor of a division urban council except that (a) where Chief Justice appears it shall be substituted by Chief Magistrate ; and (b) under section 12(5) there shall be substituted for the Justice of the High Court, a Magistrate not below Grade 1. (7) The expenses of the tribunal and the medical board shall be met by the relevant urban council. 29. Functions of mayor (1) The functions of a mayor are (a) to be the political head of a division urban council; (b) to preside over the meetings of a division urban council; (c) to head the division urban council in developing strategies and programmes for the development of the division urban council; (d) to provide guidance to the ward urban councils, village urban councils and street committees; and (e) to liaise with the Authority on matters relating to the division urban council. (2) The deputy mayor shall assist the mayor in the performance of his or her functions and shall otherwise deputise for the mayor in his or her absence. 30. Management of division urban council (1) A division urban council shall be managed by the division town clerk. (2) Qualifications of the division town clerk shall be as prescried in the Local Goverment Act. 31. Division town clerk 15

16 (1) The division town clerk shall be the head of the public officers of the division council and shall be the accounting officer of the division urban council. (2) The division town clerk shall be responsible for (a) implementation of lawful decisions of the division urban council; (b) coordination and implementation of policies of division urban council; (c) advising the mayor and the division urban council on government policy; (d) presenting the annual budget to the division urban council; (e) overseeing delivery of quality services to the population within the area of jurisdiction of the division urban council and taking remedial action where service delivery standards are below the expected standard; (f) ensuring adherence to proper physical planning and development control and service standards in the Capital City; (g) mobilising the urban community for development and sustainability of the infrastructure and services in the division; (h) taking decisions in consultation with the mayor and the executive director when the division urban council is in recess; (i) supervising and monitoring delivery of services to the population within the division, including garbage collection and disposal, beautification, trading order, maintenance of road infrastructure, provision of public health services, environment protection and other services provided by law; (j) all the assets and records of the division urban council; (k) enforcing ordinances made by the Authority and byelaws made by the division urban council; and (l) report to the executive director on the management of the affairs of the division urban council. 32. Removal of mayor or deputy mayor of division The mayor or deputy mayor of a division council may be removed from office on any of the following grounds (a) abuse of office; (b) incompetence; (c) corruption; (d) misconduct or misbehaviour; (e) physical or mental incapacity as would render the chairperson or vice chairperson incapable of performing his or her duties; (g) failure to convene council meetings; or (h) the holder commits a breach of the Leadership Code of Conduct for which the punishment imposed includes the vacation of office. 33. Legislative powers of division urban council (1) A division urban council may, in relation to its powers and functions, make byelaws of the urban council not inconsistent with the Constitution, or any law enacted by Parliament, or an Ordinance of the Authority. (2) Byelaws made under this section shall, before they are signed by the mayor, be forwarded to the Attorney General through the Minister to certify that the byelaws are not inconsistent with the Constitution, or any law enacted by Parliament, or an Ordinance of the Authority. 34. Powers of Authority over the division urban councils (1) The Authority shall have powers to veto a decision of division urban councils, where the decision is inconsistent with or contravenes the Constitution or any other law, the 16

17 metropolitan development plan or policies of Government. (2) A division urban council aggrieved by a decision of the Authority may appeal to the Minister against the decision. (3) Upon an appeal under this section the Minister may confirm, reverse or modify the decision of the Authority and shall notify the Authority and the division urban council of his or her decision. 35. Functions which may be devolved to division urban councils The Authority may, in consultation with the Central Government, devolve the functions and services specified in Part B of the Third Schedule to this Act to the a division urban council. 36. Departments of division urban councils A division urban council shall have the departments specified in Part B of the Fifth Schedule to this Act. 37. Technical assistance to division urban councils The Authority may assign technical officers or staff of the Authority to assist a division urban council in the performance of any function of the division urban council. Ward Urban Councils 38. Composition of ward urban councils (1) A ward urban council shall consist of all the members of the village executive committees in the ward. (2) A ward executive committee shall consist of (a) a chairperson; (b) a vice chairperson who shall also be secretary for children welfare; (c) a general secretary; (d) a secretary for information, education and mobilisation; (e) a secretary for security and trade order; (f) a secretary for finance, beautification and garbage management; (g) a secretary for production and environmental protection; (h) the chairperson of the youth council at the parish or village level, who shall be the secretary for youth; (i) the chairperson of the women councils at the parish or village level who shall be the secretary for women and also the public health coordinator; and (j) the chairperson of the organisation for persons with disabilities at the parish level who shall be secretary for persons with disabilities affairs. (3) At least one-third of the executive committee members at the ward level shall be women. 39. Management of ward urban council A ward shall be managed by a ward administrator who shall be responsible to the division town clerk. Village Urban Councils and Street Committees 17

18 40. Composition of village urban council (1) A village urban council shall consist of persons of the age of eighteen years and above, who reside in the village and who have registered with the Electoral Commission as being willing to be members of the village urban council. (2) There shall be an executive committee at each village urban council consisting of the following (a) a chairperson; (b) a vice chairperson who shall also be secretary for children welfare; (c) a general secretary; (d) a secretary for information, education and mobilisation; (e) a secretary for security and trade order; (f) a secretary for finance, beautification, and garbage management; (g) a secretary for production and environmental protection; (h) the chairperson of the youth council at the parish or village level, who shall be the secretary for youth; (i) the chairperson of the women councils at the parish or village level who shall be the secretary for women and also the public health coordinator; and (j) the chairperson of the organisation for persons with disabilities at the parish level who shall be secretary for persons with disabilities affairs. (3) At least one-third of the executive committee members at the village level shall be women. (4) Notwithstanding subsection (1), a decision taken by a village urban council is binding on all persons residing in the village. 41. Composition of street committee (1) A street committee shall consist of a chairperson, vice chairperson, secretary, treasurer and one other member. (2) At least two of the members of a street committee shall be women. (3) All residents who are registered as members of a village urban council and who reside on the same street shall convene to elect a street committee. 42. Performance of functions in absence of chairperson and vice chairperson (1) Where the chairperson and the vice chairperson of a ward, urban council, village urban council street committee are unable to perform the functions of the chairperson, the assistant returning officer shall convene a meeting of the council of the ward, urban council, village urban council or street committee as the case may be, for the purpose of presiding over the elections of the person from the council of the ward, urban council, village urban council or street committee to perform the functions of the chairperson. (2) A person elected under subsection (1) shall take and subscribe the oath before assuming office, if any, specified for that office. (3) A person holding office on the executive committee immediately before a person assumes the functions of the chairperson under subsection (1) shall continue to hold office until the chairperson, the vice chairperson or a new chairperson assumes office. (4) A person assuming the functions of the chairperson under subsection (1) shall not have power to fill any vacancy on the executive committee. 43. Service on part time basis (1) Councillors of division urban councils shall serve on a part time basis. (2) Members of ward and village urban council executive committees and street committees shall serve on a part time basis. 18

19 44. Functions which may be devolved to village urban councils and street committees The Authority may, in consultation with the Central Government, devolve the functions and services specified in Part C of the Third Schedule to this Act to village urban councils or street committees. Meetings of Lower Urban Councils 45. Meetings of lower urban councils (1) The meetings of a division urban council shall be convened and presided over by the mayor. (2) A division urban council shall meet at least once in every three months to discharge its functions. (3) Meetings of ward urban council, village urban councils or street committees shall be convened and presided over by the chairperson of the respective lower urban council. (4) The Fourth Schedule shall, with the necessary modifications apply to meetings of lower urban councils. PART VII PLANNING FUNCTIONS OF KAMPALA CAPITAL CITY 46. Capital City planning (1) The Authority shall be responsible for the planning in the Capital City. (2) The Authority shall, in addition to the procedures it establishes for itself, work according to the procedures prescribed under the National Planning Authority Act. (3) The Authority shall prepare comprehensive and integrated Capital City development plan incorporating plans of lower urban councils for submission to the National Planning Authority and the Metropolitan Authority. (4) A division urban council within the boundaries of the Capital City shall prepare plans incorporating plans of lower urban councils in their respective areas of jurisdiction. (5) For the avoidance of doubt, the functions of the Authority under this section are limited to socio-economic planning. 47. Capital City technical planning committee (1) There shall be a City technical planning committee chaired by the executive director consisting of (a) heads of directorates in the Authority; (b) any technical person co-opted by the executive director (2) The Capital City technical planning committee shall coordinate and integrate all the directorate plans for presentation to the Authority. 48. Planning units (1) For the purposes of carrying out the planning functions of the Capital City under this Part, the Authority shall have a planning unit. (2) The directorate of the council responsible for economic planning shall constitute the planning unit and shall be the secretariat to the Capital City technical planning committee. 19

20 PART VIII FINANCIAL PROVISIONS 49. Authority budgetary powers and procedure (1) The Authority shall formulate, approve and execute its budgets and plans except that the budgets shall be balanced (2) The Authority shall always accord preferential treatment to national priority programme areas preferential treatment in its budget outlays. (3) Where the Local Government Finance Commission becomes aware that the Authority budget significantly detracts from national priority programme areas, the Commission shall inform the Authority and the President through the Minister, for appropriate action (4) The Authority budget shall reflect all revenues to be collected or received by the Authority, and to be appropriated for each year. (5) The Authority budget for the ensuing financial year shall always take into account the approved development plan of the central government. 50. Power to levy taxes (1) The Authority may levy, charge, collect and appropriate fees and taxes in accordance with any law enacted by Parliament under article 152 of the Constitution. (2) The fees and taxes levied, charged, collected and appropriated under this section shall consist of rent, rates, royalties, stamp duties, cess, trading licences, fees from registration and other fees and taxes that Parliament may by law prescribe. (3) The Authority may collect fees and taxes on behalf of the Government as its agent; and where the Authority acts as an agent for the Government, a portion of the funds collected shall be retained by the Authority as shall be determined by the Minister in consultation with the Minister responsible for finance. (4) Any extra obligation transferred to the Authority by the Government shall be fully financed by the Government. (5) For the avoidance of doubt, taxes that may be levied by the Authority include local service tax and hotel tax under the Local Governments Act. 51. Financial year The financial year of the Authority shall be the period beginning from the 1st day of July and ending on the 30th day of June in the year next following. 52. Appropriation of funds (1) Appropriation of funds by the Authority shall not be made out of the funds of the Authority unless approved in a budget by the Authority. (2) Monies shall not be withdrawn from the general funds account or any other accounts of the Authority unless the withdrawal has been approved by the Auditor General or his or her representative. (3) Financial obligations shall not be placed on the Authority by the central government after the enactment of the Appropriation Act without providing funds for the discharge of that obligation. 53. Grants to Authority (1) The President shall, for each financial year, in accordance with the Constitution 20

21 cause to be laid before to Parliament estimates for the monies to be paid out of the Consolidated Fund as (a) unconditional grant in accordance with subsection (2); (b) conditional grant in accordance with subsection (3); (c) equalisation grant in accordance with subsection (4). (2) Unconditional grant is the minimum grant that shall be paid to the Authority to run services in the Capital City and shall be calculated in the manner specified in the Sixth Schedule. (3) Conditional grant shall consist of monies given to the Authority to finance programmes agreed upon between the Government and the Authority and shall be expended only for the purposes for which it was granted and in accordance with the conditions agreed upon. (4) Equalisation grant is the money to be paid to the Authority for giving subsidies or making special provision for the least developed divisions of the Capital City and shall be based on the degree to which a division is lagging behind the national average standard for a particular service. (5) The Authority shall indicate how conditional and equalisation grants obtained from the Government are to be passed on to the division urban councils of the Capital City. (6) The proposals made under subsection (1) shall be made at the same time as the estimates of revenue and expenditure under article 155 of the Constitution and shall state the sums of money that is to be paid to the Authority. (7) The proposals made under subsection (1) shall be included in the Appropriation Bill as provided for in article 156 of the Constitution. 54. Borrowing powers and acceptance of grants (1) The Authority may, from time to time, with the approval of the Minister raise loans from financial institutions, by way of debenture, issue of bonds or any other method, in amounts not exceeding ten per cent of the locally generated revenue of the Authority; provided that the Authority demonstrates ability to meet its statutory obligations. (2) The Authority may also accept and use grants with the approval of the Minister. 55. Consultation with other specialized agencies of government (1) The Authority shall seek guidance and expertise from the Local Government Finance Commission in respect of resource mobilisation and sharing of central government grants and revenue generated within the Capital City and lower urban councils. (2) The Authority shall, in the management of its finances and its operations seek guidance and technical support from other specialised agencies of government departments including the Local Government Finance Commission. Account and Audit 56. Accounts The Authority shall keep proper books of accounts and other records in relation to them and shall balance its accounts for each financial year and produce statements of final accounts within three months after the end of each financial year. 57. Audit of accounts (1) The accounts of the Authority shall be audited by the Auditor General or by an auditor appointed by the Auditor General. (2) The Auditor General may carry out surprise audits, investigations or any other audit considered necessary. (3) The Auditor General shall give a report of the audited accounts of the Authority to 21

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